Section 73.1 - Recovery of Personal Information

Summary

Section 73.1 provides the head of a pubic body with the authority to demand the return of personal information to which access was gained inappropriately.

Policy

This section is not intended to limit any other options the public body may have.

Procedure

If an individual or organization inappropriately gains access to personal information, a public body can write to the individual or organization and demand that the individual or organization do one of the following:

Return the information to the public body;

In the case of electronic records, securely destroy the information and confirm in writing the date and the means by which the information was destroyed; or

Respond in writing explaining why the individual or organization believes the information was not in the custody or under the control of the public body or that the individual or organization is legally authorized to possess the information.

When writing to an individual or organization to demand the return of inappropriately accessed personal information, the notice must contain:

Enough detail to reasonably identify the personal information in question and

A statement that the public body may undertake legal action to recover the personal information in question.

Additional Information

In order for this section to apply, the head of the public body must have reasonable grounds to believe that an individual or organization, that does not have legal authority to do so, is in possession of personal information in the custody or under the control of the public body.